GOLDEN v KELLY
ORDER DISMISSING without prejudice 1 Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/30/2015. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
Pro se Plaintiff Darrell Golden, an inmate currently confined at Macon State
Prison in Oglethorpe, Georgia, filed a complaint under 42 U.S.C. § 1983 but did not pay
the filing fee or file a proper motion to proceed without the prepayment of the filing fee.
In an Order dated April 15, 2015, the United States Magistrate Judge directed Plaintiff to
submit a certified copy of his prison trust fund account statement or similar certified
documentation from the prison and to refile his Complaint on standard § 1983 forms.
Plaintiff was warned that failure to comply with the Court’s Order would result in
dismissal of Plaintiff’s action. Plaintiff was further advised that if he wished to withdraw
his complaint without paying a filing fee, he should file a motion to dismiss the action.
Plaintiff was given twenty-one (21) days to comply with the Court’s Order. (Order 1-2,
Apr. 15, 2015, ECF No. 5.)
When Plaintiff failed to comply, the Magistrate Judge ordered Plaintiff on May 27,
2015 to respond and show cause why his lawsuit should not be dismissed for failure to
comply with the Court’s orders and instructions. Plaintiff’s response was due within
twenty-one (21) days of the date of the Order, and Plaintiff was again advised that failure
to respond would result in dismissal of Plaintiff’s Complaint. (Order 1-2, May 27, 2015,
ECF No. 6.)
The time for responding to the Show Cause Order has passed, and Plaintiff has
still failed to file a proper motion to proceed in forma pauperis and a recast complaint as
ordered by the Magistrate Judge, or any response whatsoever to the Show Cause Order
explaining why he failed to timely comply with the Magistrate Judge’s April 15, 2015
Plaintiff’s failure to fully and timely comply with these orders leads the Court to
believe that he is no longer interested in pursuing this case. Thus, because of Plaintiff’s
failure to pay the required filing fee, failure to comply with the Court’s instructions and
orders, and failure to otherwise diligently prosecute this action, his Complaint shall be
DISMISSED without prejudice. See Fed. R. Civ. P. 41; see also Brown v. Tallahassee
Police Dep't, 205 F. App'x 802, 802 (11th Cir. 2006) (per curiam) (“The court may
dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a
court order.”) (citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th
SO ORDERED, this 30th day of June, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT
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